California Federal DUI Lawyers
The United States legal system has two distinct levels of criminal law: state and federal. At the state level, local city or county governments handle all criminal matters. However, the Federal Government has jurisdiction over many laws outside of local city and county governments, which is why you should contact an experienced federal attorney like Rick Mueller, San Diego DUI Specialist.
There are nermerous situations where a criminal charges you may face are also violate federal law. There are also many reasons that facing criminal federal charges is much more serious than a state charge. One of the reasons being that you will have your case heard in federal court, therefore facing a federal prosecutor as well as the Department of Justice. Federal cases generally have more resources supporting the case on the side of the prosecution, which is often spearheaded by a United States attorney. Therefore, it is imperative that you have an experienced federal criminal defense lawyer representing your case.
Federal Charges
There are a handful of reasons why penalties for federal charges typically carry much harsher sentences than state criminal charges. Some of those include:
- Federal statutes have harsher sentencing laws than state statutes on crimes.
- The maximum punishment for federal crimes tends to be much higher than the punishment for state crimes.
- Federal prosecutors have less discretion in negotiating plea bargains than state court prosecutors.
- Federal judges have less discretion in sentencing decisions.
- Strict sentencing guidelines must be followed under federal laws.
DUI Federal Charges
A federal DUI charge is one that occurs on federal property. In California, federal property includes places such as:
- National Parks/Forests
- National Historic Landmarks
- Military Bases
- Federal Government Buildings
- Federal Courthouses
- Airports
- Native American Tribal Land
With the Blood Alcohol Content (BAC) being 0.08, the main difference between State and Federal DUI charges is the presence of Federal land. Another difference to keep in mind between Federal and State DUI charges, is that Federal DUI charges require any jail sentencing to be served in federal prison, whereas State DUI charges allow for any jail sentencing to be served locally.
San Diego Federal DUI Lawyer
Whether or not you are facing state or federal DUI charges, securing a DUI lawyer that has knowledge and experience of both state and federal DUI law is essential. California DUI Lawyers Association Specialist and native to the San Diego area, Rick Mueller has years of experience and a proven track record to help get you the best possible outcome in your specific situation, whether it be state or federal charges.
California Federal DUI Lawyers